By ETIM ETIM
The National Industrial Court sitting in Uyo has ordered Akwa Ibom State Polytechnic, Ikot Osura, to reinstate Dr. Paulinus Ekpo to his position as Chief Lecturer and Head of Department of Public Administration for wrongful termination of his appointment. The court also ordered the polytechnic to pay Dr. Ekpo his salaries and all entitlements till date. In his judgment delivered on July 14, 2026, the presiding judge, Justice S. H. Danjidda, stated that the school did not follow the disciplinary procedures under Section 14 of the Polytechnic Law, Laws of Akwa Ibom State, 2000, before terminating Ekpo’s appointment.
Dr. Ekpo was employed by the Polytechnic on July 25, 2005 as lecturer 1 and served for 17 years before his termination. In those seventeen years, he earned many promotions, the last being from Principal Lecturer to Chief Lecturer. However, on December 12, 2022, Dr. Ekpo’s appointment was terminated, but the termination letter did not state the reasons for the termination. In the weeks preceding the termination of his appointment, the Polytechnic had issued him a query for an alleged misconduct. He responded to the query.
On February 27, 2023, Ekpo filed a suit at the Industrial Court through his lawyer, Mr. Etin Offiong. In his Statement of Facts filed in the court, Dr. Ekpo (the claimant) told the Court that he had duly responded to the query; but was surprised that his appointment was terminated by the Senior Staff Appointment, Promotion and Disciplinary Committee (SSAP & DC); whereas as a senior staff, and according to the Polytechnic Law, his appointment ought to be determined by the Council to the Polytechnic.
The claimant told the Court that the disciplinary committee sent its recommendations directly to Council without first informing him, thereby denying him the opportunity to appeal within the 21-day window allowed under Section 17 of the Polytechnic Law, 2000. Even then, the claimant argued that the Polytechnic Council did not properly consider his case, insisting that no record of Council proceedings was tendered during trial to prove that the Council actually met and approved the termination. Furthermore, the termination letter itself does not reference the Council or Rector as the terminating authority, contrary to Section 14(5) of the Polytechnic Law 2000, which vests termination power only in the Council.
Relying on the case of Prof. F. N. Ndili v. Mr. J. M. Akinsumade (2000) NWLR, tye claimant further argued that the Polytechnic’s disciplinary procedure was not duly followed and that the disciplinary committee was not properly constituted as provided by law.
But the Polytechnic (defendant) through its lawyers, Nsikak Effiong and Ekemini Umoh, however, countered that Dr. Ekpo’s disciplinary measures followed all due processes.
The trial lasted over three years during which the claimant testified as CW1 and tendered eight exhibits while the defendant testified by calling Aniefiok Affiah, Deputy Registrar, who testified as DW1 and tendered four exhibits.
In his well-considered judgment delivered on July 14, Justice Danjidda stated that from the pleadings and evidence of both the claimant and defendant, as well as the submissions of their respective lawyers, which he has critically studied, the most important issue he considered was whether the Polytechnic followed the disciplinary procedure outlined in Section 14 of the Polytechnic Law, Laws of Akwa Ibom State, 2000, before the termination of Dr. Ekpo’s appointment.
The judge therefore ruled that ‘’it is a settled principle that disciplinary procedures must be strictly followed; failure to do so renders any decision affecting an employee’s tenure or rights null and void’’. He therefore ordered the reinstatement of Dr. Ekpo and payment of his full salaries and entitlements, but refused to grant Dr. Ekpo’s request for payment of N100 million in damages. The judge reasoned that since he had ordered payment of his full salaries, payment of N100 million in damages ‘’may amount to double compensation’’.
Speaking to this writer after the judgement, Dr. Ekpo said, ‘’I have always had confidence in our judiciary which is regarded as the last hope of the common man. I have suffered severe challenges since I was wrongfully terminated, but I thank God for his mercies’’. The Acting Rector, Dr. Akanimo Jonah noted that he will forward the judgment to the Ministry of Education as soon as he receives it. ‘’We are under the Ministry; and it is the Ministry that can act on it’’, he said.
ETIM ETIM is a veteran journalist and PR professional with over 35 years of cognate experience.
He is the publisher and editor-in-chief of Policy & Politics (www.policyandpolitics.com.ng), an online newspaper dedicated to insightful analysis of Nigerian news and world’s report. He is also a columnist with BusinessDay and The Cable and is a regular contributor to other newspapers.
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